Common use of Inspection Period Clause in Contracts

Inspection Period. Purchaser shall have twenty (20) days from and after the Effective Date (the "Inspection Period") within which to inspect the Property, make soil and other environmental tests thereon and make other such investigations of the Property as it deems necessary. In making such inspections and investigations, Purchaser shall not interfere with the operations of Seller at the Property and shall indemnify and hold Seller harmless from damage to person or property caused by or arising from such inspections and/or investigations, such indemnity to include attorneys' fees at all trial and appellate levels. At or prior to the end of the Inspection Period, Purchaser shall notify Seller in writing as to whether it desires to go forward under this Agreement. Should Purchaser give notice that it has elected to purchase the Property, the Deposit shall become non-refundable and the parties shall proceed to closing as provided herein. Should Purchaser fail to furnish notification within the time specified, Purchaser shall be deemed to have accepted the Property, the Deposit shall become non-refundable and the parties shall proceed to closing as provided herein. Should Purchaser given notice at or prior to the expiration of the Inspection Period that it has elected not to purchase the Property, the Deposit shall be returned to the Purchaser, this Contract shall terminate and be of no further force and effect, and the parties hereto shall be relieved of any further obligation hereunder.*

Appears in 1 contract

Samples: Contract for Purchase and Sale (Heartland Bancshares Inc/Fl)

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Inspection Period. Purchaser shall (a) Buyer agrees that it will have twenty (20) days from and after the Effective Date (the "Inspection Period") within which Period to physically inspect the Property, make soil review the economic data, underwrite the tenants and other environmental tests thereon review their Leases, and make other such investigations to otherwise conduct its due diligence review of the Property as it deems necessary. In making such inspections and investigationsall books, Purchaser shall not interfere with the operations records and accounts of Seller at the Property and shall related thereto. Buyer hereby agrees to indemnify and hold Seller harmless from any damages, liabilities or claims for property damage to person or property caused personal injury arising out of such inspection and investigation by Buyer or arising from such inspections and/or investigationsits agents or independent contractors, such indemnity indemnification obligations to include attorneys' fees at survive the termination, breach or Closing of this Agreement, as the case may be. Within the Inspection Period, Buyer may, in its sole discretion and for any reason or no reason, elect to go forward with this Agreement to closing, which election shall be made by notice to Seller given within the Inspection Period. If such notice is not timely given, this Agreement and all trial rights, duties and appellate levelsobligations of Buyer and Seller hereunder, except any which expressly survive termination, shall terminate and Escrow Agent shall forthwith return to Buyer the Earnest Money Deposit. At or prior If Buyer so xxxxxx to go forward, the Earnest Money Deposit shall be xxxxxxsed by an additional deposit of $87,500 (to be deposited with Escrow Agent no later than three (3) business days following the end of the Inspection Period, Purchaser shall notify Seller in writing as to whether it desires to go forward under this Agreement. Should Purchaser give notice that it has elected to purchase the Property, the Deposit shall become non-refundable and the parties shall proceed to closing as provided herein. Should Purchaser fail to furnish notification within the time specified, Purchaser shall be deemed to have accepted the Property, the Deposit shall become non-refundable and the parties shall proceed to closing as provided herein. Should Purchaser given notice at or prior to the expiration of the Inspection Period that it has elected not to purchase the Property, the Deposit shall be returned to the Purchaser, this Contract shall terminate and be of no further force and effect), and shall not be refundable except upon the parties hereto shall be relieved of any further obligation hereunderterms otherwise set forth herein.*

Appears in 1 contract

Samples: Purchase and Sale Agreement (Regency Realty Corp)

Inspection Period. a. Purchaser shall have twenty (20) days from and after the Effective Date until March 2, 2016 (the "Inspection Period") within which to inspect make all inspections and investigations desired by Purchaser with respect to the Property. If, make soil and other environmental tests thereon and make other such investigations of the Property as it deems necessary. In making such inspections and investigations, Purchaser shall not interfere with the operations of Seller at the Property and shall indemnify and hold Seller harmless from damage to person or property caused by or arising from such inspections and/or investigations, such indemnity to include attorneys' fees at all trial and appellate levels. At or prior to the end of within the Inspection Period, Purchaser shall notify Seller in writing as to whether it desires to go forward under this Agreement. Should Purchaser give notice determines that it has elected does not desire to purchase the Property, the Deposit shall become non-refundable and the parties shall proceed to closing as provided herein. Should Purchaser fail to furnish notification within the time specifiedProperty for any reason or no reason, Purchaser shall be deemed have the right to have accepted the Property, the Deposit shall become non-refundable and the parties shall proceed terminate this Agreement by written notice delivered to closing as provided herein. Should Purchaser given notice Seller in accordance with Section 7.02 hereof at or any time prior to 5:00 p.m. Eastern Standard Time (“EST”) on the expiration final day of the Inspection Period that it has elected not to purchase the Propertyand upon any such termination, the Escrow Deposit shall be immediately returned to the Purchaser, Purchaser and this Contract Agreement shall terminate and be of no further force and effect, except for the obligations that expressly survive the termination of this Agreement. If Purchaser fails to deliver written notice of the termination of this Agreement to Seller prior to 5:00 p.m. EST on the final day of the Inspection Period, then Purchaser shall have no further right to terminate this Agreement pursuant to this Section 1.04(a). If this Agreement terminates for any reason other than Seller’s default hereunder, Purchaser shall promptly return and/or deliver to Seller all Property Information (as hereinafter defined) and copies thereof. Additionally, if this Agreement terminates for any reason other than Seller’s default, Purchaser shall deliver to Seller copies of all third party reports, investigations and studies, other than economic analyses (collectively, the “Reports”) prepared for Purchaser in connection with its due diligence review of the Property. The Reports shall be delivered to Seller without any representation or warranty as to the completeness or accuracy of the Reports. Purchaser’s obligation to deliver the Property Information and the parties hereto Reports to Seller shall be relieved survive any termination of any further obligation hereunderthis Agreement.*

Appears in 1 contract

Samples: Purchase and Sale Agreement (City Office REIT, Inc.)

Inspection Period. Purchaser shall (a) Buyer agrees that it will have twenty (20) days from and after the Effective Date (the "Inspection Period") within which Period to physically inspect the Property, make soil review the economic data, underwrite the tenants and other environmental tests thereon review their Leases, and make other such investigations to otherwise conduct its due diligence review of the Property as it deems necessary. In making such inspections and investigationsall books, Purchaser shall not interfere with the operations records and accounts of Seller at the Property and shall related thereto. Buyer hereby agrees to indemnify and hold Seller harmless from any damages, liabilities or claims for property damage or personal injury arising out of such inspection and investigation by Buyer or its agents or independent contractors; and Buyer agrees to repair and restore the Property to its condition immediately prior to Buyer's entry thereon to the extent any damage to person the Property arose because of Buyer's entry thereon or property caused the entry thereon of Buyer's agents, employees, contractors and consultants. Within the Inspection Period, Buyer may, in its sole discretion and for any reason or no reason, elect to go forward with this Agreement to Closing, which election shall be made by or arising from notice to Seller given within the Inspection Period. If such inspections and/or investigationsnotice is not timely given, such indemnity this Agreement and all rights, duties and obligations of Buyer and Seller hereunder, except any which expressly survive termination, shall terminate and Escrow Agent shall forthwith return to include attorneys' fees at all trial and appellate levelsBuyer the Earnest Money Deposit. At or prior If Xxxxx xo elects to go forward, the Earnest Money Deposit shall xx xxxreased by an additional deposit of $100,000 (to be deposited with Escrow Agent no later than three (3) business days following the end of the Inspection Period, Purchaser shall notify Seller in writing as to whether it desires to go forward under this Agreement. Should Purchaser give notice that it has elected to purchase the Property, the Deposit shall become non-refundable and the parties shall proceed to closing as provided herein. Should Purchaser fail to furnish notification within the time specified, Purchaser shall be deemed to have accepted the Property, the Deposit shall become non-refundable and the parties shall proceed to closing as provided herein. Should Purchaser given notice at or prior to the expiration of the Inspection Period that it has elected not to purchase the Property, the Deposit shall be returned to the Purchaser, this Contract shall terminate and be of no further force and effect), and shall not be refundable except upon the parties hereto shall be relieved of any further obligation hereunderterms otherwise set forth herein.*

Appears in 1 contract

Samples: Purchase and Sale Agreement (Regency Realty Corp)

Inspection Period. Purchaser shall (a) Buyer agrees that it will have twenty (20) days from and after the Effective Date (the "Inspection Period") within which Period to physically inspect the Property, make soil underwrite the tenants and other environmental tests thereon review their Leases, and make other such investigations to otherwise conduct its due diligence review of the Property as it deems necessaryProperty, and the Materials. In making such inspections and investigations, Purchaser shall not interfere with the operations of Seller at the Property and Buyer shall indemnify and hold Seller harmless from any damages, liabilities or claims for property damage or personal injury arising out of such inspection and investigation by Buyer or its agents or independent contractors. Buyer's obligation to person indemnify shall expressly survive the Closing or property caused the termination of this Agreement and shall not be limited to the Xxxxxxx Money Deposit. Prior to any entry on the Property by Buyer or arising from any of its agents, employees, consultants or contractors, Buyer shall provide to Seller evidence of liability insurance, naming Seller as an additional insured, in form and substance reasonably satisfactory to Seller. Within the Inspection Period, Buyer may, in its sole discretion and for any reason or no reason, elect to go forward with this Agreement to Closing, which election shall be made by notice to Seller given within the Inspection Period. If such inspections and/or investigationsnotice is not timely given, such indemnity this Agreement and all rights, duties and obligations of Buyer and Seller hereunder, except any which expressly survive termination, shall terminate and Escrow Agent shall forthwith return to include attorneys' fees at all trial and appellate levelsBuyer the Xxxxxxx Money Deposit. At or prior If Buyer elects to go forward, the Xxxxxxx Money Deposit shall be increased by an additional deposit of $100,000.00 (to be deposited with Escrow Agent no later than the first day after the end of the Inspection Period, Purchaser shall notify Seller in writing as to whether it desires to go forward under this Agreement. Should Purchaser give notice that it has elected to purchase the Property, the Deposit shall become non-refundable and the parties shall proceed to closing as provided herein. Should Purchaser fail to furnish notification within the time specified, Purchaser shall be deemed to have accepted the Property, the Deposit shall become non-refundable and the parties shall proceed to closing as provided herein. Should Purchaser given notice at or prior to the expiration of the Inspection Period that it has elected not to purchase the Property, the Deposit shall be returned to the Purchaser, this Contract shall terminate and be of no further force and effect), and shall not be refundable except upon the parties hereto shall be relieved of any further obligation hereunderterms otherwise set forth herein.*

Appears in 1 contract

Samples: 9 Purchase and Sale Agreement (Regency Realty Corp)

Inspection Period. Purchaser It is acknowledged by and between the parties that in order for Buyer to finalize its plans relating to the Property and to verify and confirm Buyer's Intended Use of the Property as defined in Section 7 below, Buyer must inspect the physical condition of the Property and investigate the zoning, land use, development issues, availability of utilities, environmental and soil conditions, access, drainage, water and sewer and such other matters which may have a direct effect upon Buyer's ultimate ownership and use of the Property. Accordingly, it is hereby agreed and understood that Buyer shall have twenty (20) 150 days from and after the Effective Date of this Agreement (the "Inspection Period") within to make such inspections, verifications and inquiries which are deemed necessary and appropriate to inspect evaluate Buyer's purchase of the Property. MVCRA shall provide Buyer access to the Property for purposes of Buyer's inspections, make soil tests and other environmental tests thereon studies from the Effective Date until the Closing Date. Buyer shall restore the Property to the condition it was in prior to any such inspections or tests, at Buyer's sole expense. In the event, for any reason, during the Inspection Period, Buyer is not satisfied with the Property for any reason at Buyer's sole and make other such investigations absolute discretion, then upon Buyer's written notice to MVCRA and County on or before the expiration of the Inspection Period, this Agreement will be deemed null, void and of no further force and effect. Buyer agrees to protect, indemnify, defend and hold MVCRA harmless from and against any claim for liabilities, losses, costs, expenses (including reasonable attorneys' fees), damages or injuries arising out of or resulting from the inspection of the Property as it deems necessary. In making by Buyer or its agents or consultants, and notwithstanding anything to the contrary in this Agreement, such inspections and investigations, Purchaser shall not interfere with the operations of Seller at the Property and shall obligation to indemnify and hold Seller harmless from damage MVCRA shall survive Closing or any termination of this Agreement. If Buyer does not terminate this Agreement by giving notice to person MVCRA and County on or property caused by before the expiration of the Inspection Period as provided above, then in that event, the Additional Deposit shall become due as provided above (the Initial Deposit and the Additional Deposit are collectively referred to as the "Deposit") and the parties shall proceed to Closing in accordance with the terms of this Agreement. In the event Buyer terminates this Agreement during the Inspection Period, the Deposit shall be nonrefundable unless Buyer terminates this Agreement as a result of an uncured Title Defect, uncured Survey Defect or arising from such inspections and/or investigationsas a result of any representation in Sections 6.1 or 6.2 not being true or correct, such indemnity in which case the Deposit shall be returned to include attorneys' fees at all trial and appellate levelsBuyer. At or prior to After the end of the Inspection Period, Purchaser the Deposit shall notify Seller in writing as also be refundable if any Condition Precedent is not satisfied prior to whether it desires the Closing Date. Within five (5) days of the Effective Date, MVCRA and County shall provide to go forward under this AgreementBuyer copies of all of their information with regard to the Property including, without limitation, boundary survey, environmental and species reports, zoning and development approvals, permits, engineering plans, development orders, ACOE, storm water and water management district permits, traffic studies, certificate of completion of improvements, and homeowner association documents including master association, if applicable, and existing title policies. Should Purchaser give notice Notwithstanding the foregoing, Buyer understands that it has elected MVCRA and County are governmental entities and cannot and do not make any warranty or representation relative to purchase the Property, its condition, or the Deposit shall become non-refundable completeness of any information or disclosure of information. Buyer understands that although MVCRA and County may provide information in their possession, that the parties shall proceed to closing as provided herein. Should Purchaser fail to furnish notification within provision of such information is done so essentially on the time specifiedbasis of providing readily available public information; and, Purchaser shall that all due diligence is and must be deemed to have accepted the Property, the Deposit shall become non-refundable done exclusively and the parties shall proceed to closing as provided herein. Should Purchaser given notice at or prior to the expiration independently by Buyer and that any conveyance of the Inspection Period that it has elected not to purchase the PropertyProperty is on a "AS IS " and "WHERE IS" basis without any representation or warranty expressed or implied, the Deposit shall be returned to the Purchaser, except as specifically set forth in this Contract shall terminate and be of no further force and effect, and the parties hereto shall be relieved of any further obligation hereunderAgreement.*

Appears in 1 contract

Samples: Agreement for Sale and Purchase

Inspection Period. Purchaser shall (a) Buyer agrees that it will have twenty (20) days from and after the Effective Date (the "Inspection Period") within which Period to physically inspect the Property, make soil review the economic data, underwrite the tenants and other environmental tests thereon review their Leases, and make other such investigations to otherwise conduct its due diligence review of the Property as it deems necessary. In making such inspections and investigationsall books, Purchaser shall not interfere with the operations records and accounts of Seller at the Property and shall related thereto. Buyer hereby agrees to indemnify and hold Seller harmless from any damages, liabilities or claims for property damage or personal injury arising out of such inspection and investigation by Buyer or its agents or independent contractors. By written notice delivered to person Seller on or property caused by or arising from such inspections and/or investigations, such indemnity to include attorneys' fees at all trial and appellate levels. At or prior to before the end expiration of the Inspection Period, Purchaser Buyer, in its sole discretion and for any reason or no reason, shall notify Seller in writing as to whether it desires elect either (i) not to go forward under with this Agreement. Should Purchaser give notice that it has elected Agreement to purchase closing, in which event the Property, the initial Xxxxxxx Money Deposit shall become non-refundable be returned to Buyer, this Agreement shall lapse and terminate, and neither party shall have any further rights, duties, obligations or liabilities hereunder except those that are intended to survive any termination hereof, or (ii) to go forward with this Agreement to closing, in which event Buyer shall deliver the parties shall proceed additional Xxxxxxx Money Deposit to closing as provided hereinEscrow Agent simultaneously with the delivery of Buyer's notice to Seller. Should Purchaser fail to furnish notification within If no notice is timely given or if the time specifiedadditional Xxxxxxx Money Deposit is not timely made, Purchaser Buyer shall be deemed to have accepted the Property, the Deposit shall become non-refundable and the parties shall proceed to closing as provided herein. Should Purchaser given notice at or prior to the expiration of the Inspection Period that it has elected not to purchase the Property, the Deposit shall be returned to the Purchaser, this Contract shall terminate and be of no further force and effect, and the parties hereto shall be relieved of any further obligation hereunderalternative (i).*

Appears in 1 contract

Samples: Purchase and Sale Agreement (Regency Realty Corp)

Inspection Period. Purchaser Buyer shall have twenty until sixty (2060) days from and after the Effective Date (the "Inspection Period") within in which to inspect complete the PropertyInspection. If, make soil and other environmental tests thereon and make other such investigations of based upon the Property as it deems necessary. In making such inspections and investigationsInspection, Purchaser shall not interfere Buyer determines that Buyer, in its sole discretion, wishes to proceed with the operations Transaction, Buyer shall give written notice to Seller to confirm Buyer's intention of Seller at moving forward with the Property and shall indemnify and hold Seller harmless from damage to person or property caused by or arising from such inspections and/or investigations, such indemnity to include attorneys' fees at all trial and appellate levels. At or prior to the end of the Inspection Period, Purchaser shall notify Seller in writing as to whether it desires to go forward under this Agreement. Should Purchaser give notice that it has elected to purchase the Property, the Deposit shall become non-refundable and the parties shall proceed to closing as provided herein. Should Purchaser fail to furnish notification within the time specified, Purchaser shall be deemed to have accepted the Property, the Deposit shall become non-refundable and the parties shall proceed to closing as provided herein. Should Purchaser given notice at or Agreement prior to the expiration of the Inspection Period that it has elected Period, time being of the essence. If Buyer does not timely elect to purchase proceed with this Agreement pursuant to this Section 5.6, then this Agreement and all rights and liabilities arising hereunder shall automatically terminate, whereupon the Property, the Xxxxxxx Money Deposit shall be returned to Buyer and all rights and liabilities arising hereunder shall automatically terminate, with the Purchaserexception of the obligations which expressly survive termination of this Agreement. In addition, Buyer shall also have the right, in Buyer’s sole and absolute discretion, at any time on or before the expiration of the Inspection Period, to terminate this Contract shall terminate and be Agreement by sending written notice of no further force and effectsuch termination to Seller, and in which event the parties hereto Xxxxxxx Money Deposit shall be relieved returned to Buyer and all rights and liabilities arising hereunder shall automatically terminate, with the exception of the obligations which expressly survive termination of this Agreement. In the event the Agreement is terminated pursuant to this Section 5.6 or for any other reason other than as a result of a default by Seller under this Agreement, Buyer shall deliver to Seller, without any representation or warranty whatsoever, copies of any further obligation hereunderInspection Reports in Buyer’s possession not previously provided to Seller; provided, however, the delivery of such Inspection Reports shall not in any way be a condition to Buyer’s return of the Xxxxxxx Money Deposit. The foregoing sentence shall survive Closing and/or termination of this Agreement.*

Appears in 1 contract

Samples: Purchase and Sale Agreement (CNL Growth Properties, Inc.)

Inspection Period. Purchaser shall (a) Buyer agrees that it will have twenty (20) days from and after the Effective Date (the "Inspection Period") within which Period to physically inspect the Property, make soil review the economic data, underwrite the tenants and other environmental tests thereon review their Leases, and make other such investigations to otherwise conduct its due diligence review of the Property as it deems necessary. In making such inspections and investigationsall books, Purchaser shall not interfere with the operations records and accounts of Seller at the Property and shall related thereto. Buyer hereby agrees to indemnify and hold Seller harmless from any damages, liabilities or claims for property damage to person or property caused personal injury arising out of such inspection and investigation by Buyer or arising from such inspections and/or investigationsits agents or independent contractors, such indemnity indemnification obligations to include attorneys' fees at survive the termination, breach or Closing of this Agreement, as the case may be. Within the Inspection Period, Buyer may, in its sole discretion and for any reason or no reason, elect to go forward with this Agreement to closing, which election shall be made by notice to Seller given within the Inspection Period. If such notice is not timely given, this Agreement and all trial rights, duties and appellate levelsobligations of Buyer and Seller hereunder, except any which expressly survive termination, shall terminate and Escrow Agent shall forthwith return to Buyer the Earnest Money Deposit. At or prior If Buyer xx xxxxts to go forward, the Earnest Money Deposit shall bx xxxxeased by an additional deposit of $87,500 (to be deposited with Escrow Agent no later than three (3) business days following the end of the Inspection Period, Purchaser shall notify Seller in writing as to whether it desires to go forward under this Agreement. Should Purchaser give notice that it has elected to purchase the Property, the Deposit shall become non-refundable and the parties shall proceed to closing as provided herein. Should Purchaser fail to furnish notification within the time specified, Purchaser shall be deemed to have accepted the Property, the Deposit shall become non-refundable and the parties shall proceed to closing as provided herein. Should Purchaser given notice at or prior to the expiration of the Inspection Period that it has elected not to purchase the Property, the Deposit shall be returned to the Purchaser, this Contract shall terminate and be of no further force and effect), and shall not be refundable except upon the parties hereto shall be relieved of any further obligation hereunderterms otherwise set forth herein.*

Appears in 1 contract

Samples: Reinstatement Agreement (Regency Realty Corp)

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Inspection Period. Purchaser shall (a) Buyer agrees that it will have twenty (20) days from and after the Effective Date (the "Inspection Period") within which Period to physically inspect the Property, make soil review the economic data, underwrite the tenants and other environmental tests thereon review their Leases, to review and make other such investigations approve the terms and conditions of the Surviving Mortgage, and to otherwise conduct its due diligence review of the Property as it deems necessary. In making such inspections and investigationsall books, Purchaser shall not interfere with the operations records and accounts of Seller at the Property and shall related thereto. Buyer hereby agrees to indemnify and hold Seller harmless from any damages, liabilities or claims for property damage or personal injury arising out of such inspection and investigation by Buyer or its agents or independent contractors, which indemnity shall survive the Closing or earlier termination hereof. Within the Inspection Period, Buyer may, in its sole discretion and for any reason or no reason, elect to person or property caused go forward with this Agreement to Closing, which election shall be made by or arising from notice to Seller given within the Inspection Period. If such inspections and/or investigationsnotice is not timely given, such indemnity this Agreement and all rights, duties and obligations of Buyer and Seller hereunder, except any which expressly survive termination, shall terminate and Escrow Agent shall forthwith return to include attorneys' fees at all trial and appellate levelsBuyer the Xxxxxxx Money Deposit. At or prior If Buyer so elects to go forward, the Xxxxxxx Money Deposit shall be increased by an additional deposit of $100,000 (to be deposited with Escrow Agent no later than three (3) business days following the end of the Inspection Period, Purchaser shall notify Seller in writing as to whether it desires to go forward under this Agreement. Should Purchaser give notice that it has elected to purchase the Property, the Deposit shall become non-refundable and the parties shall proceed to closing as provided herein. Should Purchaser fail to furnish notification within the time specified, Purchaser shall be deemed to have accepted the Property, the Deposit shall become non-refundable and the parties shall proceed to closing as provided herein. Should Purchaser given notice at or prior to the expiration of the Inspection Period that it has elected not to purchase the Property, the Deposit shall be returned to the Purchaser, this Contract shall terminate and be of no further force and effect), and shall not be refundable except upon the parties hereto shall be relieved of any further obligation hereunderterms otherwise set forth herein.*

Appears in 1 contract

Samples: Purchase and Sale Agreement (Regency Realty Corp)

Inspection Period. Purchaser shall have twenty from the Effective Date through sixty (2060) days from and after the Effective Date Date, (the "Inspection Period") within ), in which to inspect determine whether or not the PropertyProperty is suitable for Purchaser's Intended Use (including compliance with applicable zoning, make soil subdivision, building and other environmental tests thereon and make other such investigations of governmental regulations), which determination shall be in Purchaser's sole discretion. If Purchaser elects not to terminate this Agreement, then on or before the Property as it deems necessary. In making such inspections and investigations, Purchaser shall not interfere with the operations of Seller at the Property and shall indemnify and hold Seller harmless from damage to person or property caused by or arising from such inspections and/or investigations, such indemnity to include attorneys' fees at all trial and appellate levels. At or prior to the end last day of the Inspection Period, Purchaser shall so notify Seller in writing and the Title Company and shall deposit with the Title Company the sum of $40,000.00 as an addition to whether it desires to go forward the Earnest Money Deposit. Once Purchaser has deposited the additional $00,000.00, the $10,000.00 initial Earnest Money Deposit and the $40,000.00 additional deposit will be xxxxxxered the "Earnest Money Deposit" for all purposes under this Agreement, and sxxxx xxcome "non-refundable", but applicable to the Purchase Price. Should As used herein, "non-refundable" shall mean that Purchaser give notice that it has elected shall not be entitled to purchase a refund of any Earnest Money Deposit for any reason whatsoever, save and except (a) Xxxxxr's default hereunder, (b) Seller's termination of this Agreement pursuant to any of its rights under this Agreement, or (c) the PropertyCity's failure to approve the Purchaser's Development Plan, the Deposit shall become non-refundable and Concept Plan or the parties shall proceed to closing Plat as provided hereinfor in Section 7.1. Should In the event that Purchaser fail fails to furnish notification within give Seller such notice and fails to make the time specified, Purchaser shall be deemed to have accepted additional Earnest Money Deposit on or before the Property, the Deposit shall become non-refundable and the parties shall proceed to closing as provided herein. Should Purchaser given notice at or prior to the expiration last day of the Inspection Period that it has elected not to purchase the PropertyPxxxxx, this Agreement shall automatically terminate without further action by either party. Upon termination, the title Company shall immediately return to Earnest Money Deposit shall be returned to the Purchaser, this Contract shall terminate and be of no further force and effect, and the parties hereto shall be relieved of any further obligation hereunder.*

Appears in 1 contract

Samples: Agreement (Bishop Capital Corp)

Inspection Period. It is agreed that Purchaser’s obligations hereunder are conditioned upon Purchaser shall have twenty (20) days from being satisfied, at Purchaser’s sole cost and after the Effective Date expense, prior to May 21, 2021 (the "Inspection Period") within which ”), with the condition of the Property for the construction, development and operation of Purchaser’s intended improvements. Should Purchaser fail to inspect be satisfied with the condition of the Property, make soil and other environmental tests thereon and make other such investigations Purchaser may elect, by delivery of written notice to Seller on or before the expiration of the Property Inspection Period, to terminate this Agreement, whereupon the Initial Deposit shall be refunded to Purchaser (after deducting the Review Fee) and this Agreement shall be null and void and of no further force or effect with Purchaser and Seller having no further rights, obligations or liabilities hereunder except as it deems necessaryotherwise set forth herein. In making such inspections and investigationsIf Purchaser elects to terminate this Agreement pursuant to this Section 7(a), Purchaser shall immediately deliver to Seller all Confidential Information (such obligation to survive the termination of this Agreement). If Purchaser does not interfere with the operations of Seller at the Property and shall indemnify and hold Seller harmless from damage terminate this Agreement pursuant to person or property caused by or arising from such inspections and/or investigations, such indemnity to include attorneys' fees at all trial and appellate levels. At or this Section 7(a) prior to the end expiration of the Inspection Period, Purchaser shall notify Seller in writing as to whether it desires to go forward under this Agreement. Should Purchaser give notice that it has elected to purchase be deemed satisfied with the Property, condition of the Property and the Initial Deposit shall become be non-refundable and the parties shall proceed to closing Purchaser except upon a termination of this Agreement due to a default by Seller or as otherwise specifically provided herein. Should Purchaser fail to furnish notification within the time specified, Purchaser shall be deemed to have accepted the Property, the Deposit shall become non-refundable and the parties shall proceed to closing as provided herein. Should Purchaser given notice at or prior to the expiration of the Inspection Period that it has elected not to purchase the Property, the Deposit shall be returned to the Purchaser, this Contract shall terminate and be of no further force and effect, and the parties hereto shall be relieved of any further obligation hereunder.*”.

Appears in 1 contract

Samples: Revival and Amending Agreement (Strategic Storage Trust VI, Inc.)

Inspection Period. It is agreed that Purchaser’s obligations hereunder are conditioned upon Purchaser shall have twenty (being satisfied, at Purchaser’s sole cost and expense, prior to July 20) days from and after the Effective Date , 2021 (the "Inspection Period") within which ”), with the condition of the Property for the construction, development and operation of Purchaser’s intended improvements. Should Purchaser fail to inspect be satisfied with the condition of the Property, make soil and other environmental tests thereon and make other such investigations Purchaser may elect, by delivery of written notice to Seller on or before the expiration of the Property Inspection Period, to terminate this Agreement, whereupon the Initial Deposit shall be refunded to Purchaser (after deducting the Review Fee) and this Agreement shall be null and void and of no further force or effect with Purchaser and Seller having no further rights, obligations or liabilities hereunder except as it deems necessaryotherwise set forth herein. In making such inspections and investigationsIf Purchaser elects to terminate this Agreement pursuant to this Section 7(a), Purchaser shall immediately deliver to Seller all Confidential Information (such obligation to survive the termination of this Agreement). If Purchaser does not interfere with the operations of Seller at the Property and shall indemnify and hold Seller harmless from damage terminate this Agreement pursuant to person or property caused by or arising from such inspections and/or investigations, such indemnity to include attorneys' fees at all trial and appellate levels. At or this Section 7(a) prior to the end expiration of the Inspection Period, Purchaser shall notify Seller in writing as to whether it desires to go forward under this Agreement. Should Purchaser give notice that it has elected to purchase be deemed satisfied with the Property, condition of the Property and the Initial Deposit shall become be non-refundable and the parties shall proceed to closing Purchaser except upon a termination of this Agreement due to a default by Seller or as otherwise specifically provided herein. Should Purchaser fail to furnish notification within the time specified, Purchaser shall be deemed to have accepted the Property, the Deposit shall become non-refundable and the parties shall proceed to closing as provided herein. Should Purchaser given notice at or prior to the expiration of the Inspection Period that it has elected not to purchase the Property, the Deposit shall be returned to the Purchaser, this Contract shall terminate and be of no further force and effect, and the parties hereto shall be relieved of any further obligation hereunder.*

Appears in 1 contract

Samples: Revival and Amending Agreement (Strategic Storage Trust VI, Inc.)

Inspection Period. Purchaser and its agents shall have until April 30, 2011 (the “Inspection Period”) to inspect or cause to be inspected all aspects of the physical and economic condition of the Subject Premises in accordance with the terms and conditions of this Agreement. If Purchaser is not satisfied in its sole and exclusive discretion with the results of such inspections, Purchaser may rescind this transaction by sending written notice to Seller which must be sent by Purchaser or its representatives pursuant to Section 18 hereof prior to the expiration date of the Inspection Period and Purchaser shall have twenty (20) days from and after thereupon receive a refund of the Effective Date (Deposit. If Purchaser has not elected to terminate this Agreement prior to the "expiration of the Inspection Period") within which , then Purchaser’s right to inspect the Property, make soil terminate this Agreement under this Section 7 will be void and other environmental tests thereon and make other such investigations of the Property as it deems necessaryPurchaser will be deemed to have waived its Inspection Period contingency under this Section 7. In making such inspections and investigations, Purchaser shall not interfere with the operations of Seller at the Property and shall indemnify and hold Seller harmless from damage to person or property caused by or arising from such inspections and/or investigations, such indemnity to include attorneys' fees at all trial and appellate levels. At or prior Prior to the end of the Inspection Period, Purchaser will provide Seller with written notice of which Service Contracts it wishes to assume. Seller shall notify Seller in writing as cause any Service Contracts that Purchaser does not want to whether it desires assume to go forward under this Agreementbe terminated on or before the Closing Date, and shall indemnify Purchaser for any loss, cost, damage or expense arising from such Service Contracts. Should If Purchaser give does not provide notice that of which Service Contracts it has elected to purchase the Property, the Deposit shall become non-refundable and the parties shall proceed to closing as provided herein. Should Purchaser fail to furnish notification within the time specifiedassume, Purchaser shall be deemed to have accepted the Property, the Deposit shall become non-refundable and the parties shall proceed to closing as provided herein. Should Purchaser given notice at or prior to the expiration of the Inspection Period that it has elected not to purchase the Property, the Deposit shall be returned to the Purchaser, this Contract shall terminate and be of no further force and effect, and the parties hereto shall be relieved of assume any further obligation hereunderService Contracts.*

Appears in 1 contract

Samples: Purchase Agreement (Wells Core Office Income Reit Inc)

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